A Research On The Legal Issues Relating To Wreck Removal For Public Welfare

The paper divides wreck removal as public welfare wreck removal and commercial wreck removal according to its value orientation. Public welfare wreck removal is the wreck removal project performed for public good, which mainly includes appointive wreck removal, compulsory wreck removal and archaeological wreck removal. Appointive wreck removal, which belongs to administrative emergency measures, refers to the wreck removal project carried out by the salvor appointed by the government under exigent circumstances. Compulsory wreck removal refers to the removal project controlled by the port authority when the wreck, which may constitute a hazard to navigation or environment, hasn't been removed by the person liable within the time limit. Under Chinese law, the person liable shall indemnify the costs of the compulsory wreck removal and shall not be entitled to limitation of liability. Archaeological removal is the wreck removal project of underwater culture heritage. Archaeological wreck removal differs from other categories of removal project in the jurisdiction over the wreck removal project and ownership of the heritage. The coastal state's jurisdiction, which is stipulated in the Convention on the Protection of the Underwater Culture Heritage, depends on location of the heritage. As far as the ownership of the heritage, it shall not be extinguished by reason of sinking of the heritage or the owner's non-exercise of the right.The article elaborates the background, the main rules and the possible effect on the parties concerned of the International Convention for Wreck Removal, and analizes the systems of compulsory insurance and fund for wreck removal. The author suggests that a new and effective compensation regime should be established so as to fully indemnify the wreck removal costs, and in the long run protect the sea environment, ensure the safety of sea transportation, and promote the development of marine economy.